One of the most bizarre and antiquated laws still existing in North Carolina is the law of sovereign immunity. Like contributory negligence, where North Carolina is one of only a small hand-full of states with this doctrine, our sovereign immunity regulations...

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Recent Blog Posts
Month: September 2011
Personal Injury Trial: Jury Selection in an Automobile Collision Case
On behalf of O’Malley Tunstall PLLC | Sep 19, 2011 | Auto Accident Law, Civil Trial, Legally Speaking, Personal Injury Law
As I picked a jury this afternoon in an automobile accident collision case, I thought of the basics. What am I trying to tell this jury about my case? What am I trying to explore in this jury panel? If you ask attorneys who actually try a lot of cases,...
Social Security Hearing: What happens if I missed my Hearing?
On behalf of O’Malley Tunstall PLLC | Sep 4, 2011 | Legally Speaking, Social Security Law
What Do You Mean You Missed Your Hearing? In North Carolina the current wait time can take 18 months or more from the time you request a hearing until you have a hearing date scheduled. As a result, it is very important to keep that...
How Does Social Security Look at the Opinion From My Doctor
On behalf of O’Malley Tunstall PLLC | Sep 4, 2011 | Legally Speaking, Social Security Law
How Does Social Security Look at the Opinion From My Health-Care Provider? What will my doctor or physicians assistant tell Social Security about my condition? Who can I ask to help me with my disability? Social Security has a list of sources it...
Does a “stable” medical condition equal the ability to work?
On behalf of O’Malley Tunstall PLLC | Sep 4, 2011 | Legally Speaking, Social Security Law
Administrative Law Judges (ALJ's) often like to characterize medical records as a whole rather than looking at each individual person's disabilities. One way they pigeon hole claimants is by referring to their conditions as stable. Quite often...
Appeal or File a New Application for Social Security?
On behalf of O’Malley Tunstall PLLC | Sep 4, 2011 | Legally Speaking, Social Security Law
Appeal or File a New Application? As of July 28, 2011 Social Security will no longer allow a claimant to appeal a hearing decision to the Appeals Council and file a new application. SSR11-1p This minor change in policy actually has a serious effect...
Who Makes A Good Witness in A Social Security Case?
On behalf of O’Malley Tunstall PLLC | Sep 3, 2011 | Legally Speaking, Social Security Law
Social Security Disability law allows lay witness testimony (non expert testimony) to help prove disability.The Fourth Circuit Court of Appeals has been very clear that lay witness testimony that is not contradicted by medical records or other testimony...
Social Security Disability for our Veterans and Wounded Warriors
On behalf of O’Malley Tunstall PLLC | Sep 2, 2011 | Civil Trial, Legally Speaking, Social Security Law
Veterans and Wounded Warriors can apply for Social Security Disability, SSI. All of our Veterans are heroes but I wonder if many of them know that their service or work history may entitle them to Social Security Disability if they are unable to return to work? Many...
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